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Gaithersburg, MD Fence Regulations: Height Limits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Front yard / street frontage
3 feet maximum
Side and rear yard
6 feet maximum
Corner lot sight triangle
3 ft for 25 ft from intersection
Corner waiver
Not permitted, no exceptions
Permit required
Building permit under § 24-12.13

Summary

Gaithersburg limits fences and screen walls to 3 feet in any front yard or along a public or private road, 6 feet in side and rear yards, and just 3 feet within 25 feet of a corner-lot intersection, with a building permit required before any fence or wall goes up.

No fence or screen wall shall be of greater height than three (3) feet in any front yard or along any public or private road in the front yard and six (6) feet in the rear or side yard...(1)On a corner lot, no fence or screen wall shall be permitted greater than three (3) feet measured from the surface of the ground next to the fence or screen wall for a distance of twenty-five (25) feet from the intersection; except, that retaining walls shall be permitted where changes in street grade, width or alignment have made such structures necessary. A waiver cannot be granted to this provision.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 52 Update 1).

Full Breakdown

13. Along a public or private street, as those terms are defined in Chapters 19 and 20 of the City Code, no fence or screen wall may exceed 3 feet in the front yard or along the road frontage, and 6 feet in the rear or side yard, though the city manager or designee can approve a taller fence upon finding it will not create a hazard to vehicular or pedestrian traffic. Corner lots carry a tighter visibility rule: no fence or screen wall may exceed 3 feet, measured from the ground surface next to the fence, for a distance of 25 feet from the intersection, and the code states flatly that a waiver cannot be granted to this provision, the only fence rule in the section marked non-waivable.

Retaining walls are the sole exception written into that corner-lot triangle, permitted where changes in street grade, width, or alignment make them necessary. Along interior side and rear property lines between different lots, parcels, or tracts, no fence or wall may exceed 6 feet, though the city manager or designee may approve something taller upon finding it will not be detrimental to public health, safety, and general welfare. Separately, fences are exempt from the building permit requirement under the residential code's work-exempt list (section 5-5(6)) unless the fence is over 7 feet high or encloses a swimming pool, which is a different, lower trigger than the 3-foot and 6-foot height caps that govern where a fence can legally stand.

Violations & Fines

Building a fence without a permit or above the height limits is a zoning violation enforced under Article 15 of Chapter 24, punishable as a municipal infraction with fines set under section 1-7 of the City Code; the city manager or designee can order a noncompliant fence removed or lowered, and each day it remains counts as a separate offense.

Frequently Asked Questions

How tall can a backyard fence be in Gaithersburg?
Up to 6 feet along side and rear property lines under section 24-6.3(C), though the city manager or designee can approve a taller fence upon finding it will not harm public health, safety, or welfare.
Can I build a tall fence on a corner lot in Gaithersburg?
Not near the intersection. Section 24-6.3(B)(1) caps corner-lot fences at 3 feet for 25 feet from the intersection to preserve sight lines, and the code specifically bars any waiver of that limit, with retaining walls the only listed exception.
Do I need a permit to install a fence in Gaithersburg?
Yes, section 24-6.3(A) requires a building permit before erecting any fence or wall, though the residential code's exempt-work list waives that requirement for fences up to 7 feet that do not enclose a swimming pool.

Sources & Official References

Other rules in Gaithersburg

All Gaithersburg rules

How Gaithersburg compares: Cities That Allow the Tallest Residential Fences·Compare Gaithersburg to another location·View the Maryland fence regulations overview

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